Termination and Delivery: Be careful with registered letters delivered by post box insertion

Federal Labour Court (BAG), judgement of 7 May 2026 – 2 AZR 184/25

It has always been the case that the utmost care should be taken when serving important letters, as proof of receipt may be required in court in the event of a dispute. However, a recent ruling by the Federal Labour Court will now have far-reaching implications in this regard, not only in employment law:

In its judgement of 7 May 2026, the Federal Labour Court ruled that a registered letter posted in a post box no longer provides reliable proof of a letter’s receipt. Prior to issuing a notice of termination, an employer had invited the employee to a workplace integration management (BEM) meeting by registered post with proof of posting. As the employee did not respond, the notice of termination was issued. During the proceedings, however, the employee disputed having received the invitation – successfully: the notice of termination was declared invalid due to a lack of verifiable proof of receipt.

The ruling confirms the trend in recent case law: prima facie evidence of receipt can no longer be readily established in the case of a registered letter delivered by letterbox insertion. Nor is digital proof of delivery sufficient to provide legally reliable evidence of actual receipt.

The background to this is, in particular, the postal service’s switch to a digital scanning system, which typically does not allow for a sufficiently reliable conclusion regarding the specific posting. A proof of posting and tracking information ultimately only document dispatch, but not receipt within the meaning of Section 130 of the German Civil Code (BGB).

Although the ruling was handed down in the context of employment law, it can be applied to other areas: the general principles of civil law governing the receipt of declarations of intent are decisive, meaning that comparable risks exist in tenancy law in particular – for example, in the case of notices of termination, rent increases or the setting of deadlines.

Conclusion: Anyone who is legally dependent on the receipt of a letter runs a considerable risk when using registered post with proof of posting.In practice, therefore, alternative methods of service should be considered, such as via a bailiff, courier or even in person. Which method is appropriate in each individual case depends heavily on the specific circumstances – we are happy to advise you on this.

Guide to the secure delivery of notices of termination

Alternatives	Legally secure – and why?
Registered letter delivered by post box insertion	Not legally secure  Only suitable as a supplementary method No reliable proof of delivery
Registered letter delivered against signature	Not legally secure Delivery only upon personal acceptance Risk in the event of absence or refusal to accept Problematic in cases involving time limits
Personal delivery with acknowledgement of receipt	Legally secure (recommended) Immediate service Acknowledgement of receipt possible Witnesses advisable for verification
Delivery by courier with documented delivery	Legally compliant (tried and tested) Delivery by staff or courier service The courier must be aware of the letter’s contents. Handover against a receipt or posting in a letterbox Documentation required (in writing, ideally with photos: posting, time, contents)
Delivery by a bailiff	Legally secure (very secure) Drawing up a public certificate of service Particularly high evidential value Alternative delivery possible (e.g. by leaving the parcel at a designated location) Delivery is deemed to have taken place even without personal handover. Please note Advance planning required Delivery subject to the bailiff’s availability Risk of delays where deadlines are tight